November 17, 2014Comments Off on Civil Procedure – No need to show meritorious defense without notice of default

The trial court erred by entering a default judgment against defendants because plaintiff did not provide notice of a request for entry of a default. Further, in seeking to have the default judgment set aside, the court rule requiring defendants to show they had a meritorious defense is unenforceable as a matter of due process, given the lack of notice.

November 17, 2014Comments Off on Criminal Law – Hands not ‘dangerous weapons’ for sentencing purposes

The trial court incorrectly considered defendant’s hands as “dangerous weapons” in scoring Offense Variables 1 and 2 for sentencing defendant following his conviction for assault with intent to commit sexual penetration.

November 17, 2014Comments Off on Criminal Law – Cadaver dog evidence reliable and admissible at murder trial

Evidence that trained dogs alerted to the scent of decomposing human remains in a car’s trunk was properly admitted under MRE 702 at defendant’s trial for first-degree murder and child abuse. Further, the evidence was relevant under MRE 403.

November 17, 2014Comments Off on Attorneys – Work-product privilege case remanded for further proceedings

The trial court correctly determined that a report defendants prepared concerning a sewer system project was prepared in anticipation of litigation, however, further proceedings are required on remand to determine whether the report is subject to the attorney work-product privilege.

November 17, 2014Comments Off on No-Fault – No PIP benefits where an owner did not insure vehicle

The trial court correctly ruled that because neither plaintiff nor her mother, the subject vehicle’s titled owners, had a no-fault policy, plaintiff was ineligible for PIP benefits for her traffic-accident injuries. It is immaterial that a third party, who had no ownership interest in the vehicle, insured the vehicle.

November 10, 2014Comments Off on Criminal Law – Evidence from warrantless computer search correctly suppressed

Where the police, without a warrant, directed a computer repair technician to open suspicious files on defendant’s computer, files containing child pornography found on the computer’s hard dive were correctly suppressed.

November 10, 2014Comments Off on Criminal Law – Conviction for conspiring commit legal act in illegal manner reversed

Defendant’s conviction for intentionally placing false information in a patient’s medical record, MCL 750.492a(1)(a), is affirmed but a conviction for conspiracy to commit a legal act in an illegal manner, MCL 750.157a, is vacated.

November 10, 2014Comments Off on Civil Rights – No claim against state and school district for inadequate instruction

There is no cause of action for eight students who claim that the allegedly inadequate instruction received from a school district resulted in their failure to obtain basic literacy skills and reading proficiency as required by the state.